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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 112768
Experience:  Immigration Law Expert
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My h1b was revoked on july 30th 2016 and i was in country

Customer Question

my h1b was revoked on july 30th 2016 and i was in country till september 14
to put my affairs in order.
I have an employer who is willing to hire me but because of the out of status for 6 weeks situation,
he is hesitant. How big of an issue is being out of status for 6 weeks and whether this will have a long term impact on me returning even if an employer is willing to sponsor my h1b.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The USCIS does grant up to any legal grace after an H1B visa ends (and the employer doesn’t file an extension) for the individual to get their affairs in order and prepare to leave the U.S. As dictated by the terms of the H1B visa, you have to be working and earning wages from your employer in order to maintain lawful status.
However, no penalty is imposed barring an alien from reentering the US if that overstay is less than 180 days as the law says that if you overstay more than 180 days you are barred from reentry to the US for 3 years and if you stay more than 365 days you are barred for 10 years. So, you should have left immediately, but an overstay of less than 180 days is not a huge problem and one your new employer will have to deal with on their H1b application and explain the overstay reason.
Customer: replied 3 months ago.
Would mentioning that taking time to put your affairs in order constitute a valid reason? What are acceptable reasons for the overstay usually that wouldn't raise eye brows?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
Getting your things packed and settling your affairs is valid if it was a reasonable time, which generally they consider less than 60 days. So that would be acceptable. You could also apply for a tourist B1 visa and still remain in the country and be legally here, which is why they are not overly concerned about less than 180 days.

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